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HomeMy WebLinkAboutRES NO 193-95RESOLUTION NO. 1 9 3 ' 9 5 RESOLUTION ON THE APPEAL OF GEORGE R. DICKEY OF ALTA HUGHES ENGINEERING SURVEYING UPHOLDING THE DECISION OF THE PLANNING COMMISSION AND DISAPPROVING THE EXTENSION OF TIME FOR TENTATIVE TRACT 5301 LOCATED NORTH OF PALADINO DRIVE, WEST OF MORNING DRIVE. WHEREAS, Tentative Tract Map 5301 is generally located north of Paladino Drive, west of Morning Drive, as shown in the attached Exhibit "A"; and WHEREAS, the Planning Commission, acting as the advisory agency, conducted a public hearing for an extension of time for Tentative Tract Map 5301 beginning on October 19, 1995, and at the request of the applicant, continued to November 13, 1995, and November 16, 1995; and WHEREAS, at said Planning Commission hearing it was determined that Tentative Tract Map 5301 was located in the Kern Bluff oilfield; and WHEREAS, the Planning Commission expressed concerns over the land use compatibility between residential uses and oilfield operations; and WHEREAS, pursuant to Bakersfield Municipal Code Section 15.66.040 oil operations in an oilfield can be developed without a public hearing, even within a residential subdivision; and WHEREAS, the location of Morning Drive, a specific plan line for a major arterial street is no longer located as depicted on the tentative tract; and WHEREAS, on November 16, 1995, through Resolution No. 76-95, the Planning Commission disapproved the request for extension of time; and WHEREAS, within the time permitted by law, George R. Dickey of Alta Hughes Engineering Surveying filed an appeal in writing with the City Council to the decision of the Planning Commission; and WHEREAS, a noticed public hearing was set before the Council on December 13, 1995; and WHEREAS, testimony was given at said hearing; and WHEREAS, the proposed extension of time is categorically exempt from the California Environmental Quality Act (CEQA) in accordance with Section IV B.3.h.; and WHEREAS, the Council duly considered all testimony and evidence on the record. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: 1. The above-stated recitals, incorporated herein are true and correct. 2. Findings attached hereto as Exhibit "B" are hereby adopted. 3. The decision of the Planning Commission to deny the extension of time for Tentative Tract 5301 is hereby upheld. ......... O00 ........ 2 1 HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on DEC ~. $ ~ , by the following vote: AYES cOUNCILMEMBER DeMONO, CARS(~, SMITH, M~DERMOTT,~, SULLIVAN, SALVAGGIO NOES: COUNCILMEMBER-~-- ~,BS3'AI": cOUNCILMEMBER '"~ ('~,~. ' CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED DEC 1 BOB PRICE MAYOR of the City of Bakersfield APPROVED as to form: JUDY SKOUSEN C1TY ATTORNEY BY: CARL HERNANDEZ Deputy City Attorney JM:pjl Novcmbcr 27, 1995 res~rgna.cc ,1 EXHIBIT a , II U N SUBD VIDED EXHIBIT A TENTATIVE TRACT U SUBDIVIDED No. 530! EXHIBIT "B" FINDINGS FOR DENIAL OF EXTENSION OF TIME TENTATIVE TRACT 5301 All required notices have been given. The site is physically unsuitable for the type of development proposed. The site is physically unsuitable for the proposed density of development proposed. Tentative Tract 5301 consisting of 302 single family lots is located within the Kern Bluff Oilfield in which Bakersfield Municipal Code Chapter 15.66 exempts oilfield related operations from a conditional use permit and public hearing, and could result in impacts from oil related activities on residential development. A single family residential subdivision of the density and intensity proposed should not be permitted within an oilfield in order to protect the public health, safety and welfare. The subdivision is not consistent with the Circulation Element of the general plan and specific plan line for Morning Drive. p:5301.eb